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t, <br /> STATE OF COLORADO <br /> MINED LAND RECLAMATION BOARD <br /> DEPARTMENT OF NATURAL RESOURCES <br /> IN THE MATTER OF: ) NOTICE OF VIOLATION M-88-002 <br /> Rocky Mountain Constructors ) AND <br /> CEASE AND DESIST ORDER <br /> TO: Dean Smith and all other persons engaged in or owning or controlling the <br /> following operation: 1 64th Avenue and Tower Road, E 1/2 of Section 3, <br /> Township 3S, Range 66W <br /> I <br /> FINDINGS OF FACT <br /> Pursuant to the authority vested in the State of Colorado Mined Land <br /> Reclamation Board by C.R.S. 34-32-123, the Board hereby makes the following <br /> findings of fact: I <br /> 1 . Rocky Mountain Constructors is conducting a mining operation in the <br /> following location: I <br /> E 1/2 of Section 3, Township 3S, Range 55W of the 6th Prime Meridian, <br /> in Adams County, Colorado <br /> 2. Rocky Mountain Constructors has not obtained a permit for such mining <br /> operations as required by C.R.S. Section 34-32-101 et seq.. <br /> NOTICE OF VIOLATION <br /> You are hereby notified that the facts stated above constitute a violation of <br /> C.R.S. 34-32-109(7). <br /> This section provides in pertinent part: <br /> An operator shall obtain a development and extraction permit from the Board <br /> for each mining operation. <br /> The term "operator" is defined by C.R.S. 34-32-102 to include: any person, <br /> firm, partnership, association or corporation, or any department, division, or <br /> agency of federal , state, county or municipal government engaged in or <br /> controlling a mining operation. <br />